20191015Procedural Comment.pdf

Benjamin I. Otto (ISB No. 8292)
710 N 6s Street
Boise,ID 83701
Ph: [phone]xt2
Fax [phone]
[e-mail]
Attorney for the NW Energy Coalition
IN THE MATTER OF THE )
APPLTCATION OF rDAHO POWER )
COMPANY TO STUDY THE COSTS, )
BENEFTIS, AND COMPENSATION OF )
NET EXCESS ENERGY SUPPTIED BY )
CUSTOMER ON-SITE GENERATION )
RECEIVED
3fi19 OCT I 5 [H t0: ?0
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BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
CASENO. IPC-E-T8-T5
PROCEDURAL COMMENT
The Idaho Conservation League, NW Energy Coalition, and Vote Solar file this comment,
pursuant to IDAPA Rule 31.01.01,.256.04t, responding to the StaffDecision Memo of October 11,
2019 regarding Idaho Power's Motion to Approve Settlement Agreement. We are concerned the
proposed procedural schedule inhibits informed public participation and the ability to develop a
complete record in this major decision. As noted in the Decision Memo, we raised our concerns
and proposed a solution previously. We now turn to the Commission to raise our concerns
regarding the sequence of party filings and public hearings as well as the need for a technical
hearing. As an initial matter, we encourage the Commission to take all the time necessary to
reach a fully informed and considered decision in this case and not be bound by an arbitrary
fanuary 1,2020 implementation date. As seen through the years, issues regarding customer-
owned solar drives high levels of public engagement.
Regarding the sequence of filings and hearings: Staff proposes a public hearing 21 days
following the notice with party comments filed later, 28 days from the notice. This deprives the
public of the informed commentary from the parties that negotiated the agreement before the
public opportunity to comment on the settlement. We propose swapping the sequence so that
the public is better informed about the contents of the agreement and the perspectives of the
parties. Swapping the sequence so parties file comments on the settlement before the hearing will
provide the public with meaningful notice of the issues and substance and enable more informed
comments for the Commission decision making. We are prepared to file comments by
1 IDAPA Rule 3 1.01.01 .256.04 provides for 14 days from the filing of a prehearing motion to respond.
1PROCEDURAL COMMENT October 14,2019
November l. We propose a public hearing roughly 14 days later, the week of November 11. This
provides close to 30 days between the notice and the public hearing, a best practice for public
participation. We agree with the proposed reply comment and public comment deadline at the
end of November.
Regarding a technical hearing: The Decision Memo and Motion both explain the parties
will present the issue of existing customers to the Commission. This issue has both legal and
factual questions to be addressed. We note that Idaho Code 61-617 provides parties with the right
to be heard and present evidence at any hearing. IDAPA Rule 31.01.01.241.04 describes two types
of hearings: a technical hearing where parties present evidence, and a public hearing where
parties are prohibited from introducing evidence. While briefing can assist the Commission's
decision, we believe scheduling a technical hearing now will provide an opportunity to address
factual disputes and hear directly from parties on the legal issues. We are prepared to attend a
technical hearing l4-days after the reply comment deadline.
Respectfully
4--=
Benjamin J. Otto
Idaho Conservation League
Local Council - Vote Solar and NW Energy Coalition
2PROCEDURAL COMMENT October 14,2019
CERTIFICATE OF SERVICE
I hereby certifr that on this 14ft day of October, 2019, I delivered true and correct copies
of the foregoing PROCEDURAL COMMENT to the following persons via the method of service
noted:
Hand delivery:
Diane Hanian
Commission Secretary (Original and seven copies provided)
Idaho Public Utilities Commission
427 W. Washington St.
Boise,lD 83702-5983
Electronic Mail:
Idaho Power
Lisa D. Nordstrom
Tim Tatum
Connie Aschenbrenner
lnordstrom@idahopower. com
ttatum@idahopower. com
caschenbrenner@idahopower. com
[e-mail]
Idaho PUC Staff
Edward Jewel, Deputy Attorney General
Idaho Public Utilities Commission
Edward. Jewell@puc. idaho. gov
Idaho lrrigation Pumpers Association
Eric L. Olsen
Echo Hawk & Olsen PLLC
[e-mail]
Anthony Yankel
[e-mail]
Idahohydro
C Tom Arkoosh
Arkoosh Law Offices
tom.arkoosh@arkoosh. com
[e-mail]
Idaho Clean Energy Association
Preston N. Carter
Givens Pursley LLC
[e-mail]
Sierra Club
Kelsey Jae Nunez, LLC
kelsey@kelseyj aenunez.com
Zack W aternan, Idaho Siena Club
zack. waterm an@sierr aclub. o rg
[e-mail]
City of Boise
Abigail R. Germaine, Deputy City Attomey
agermaine @c ity o fbo i s e. or g
Vote Solar
David Bender, Earthjustice
dbender@earthj ustice. com
Briana Kober, Vote Solar
[e-mail]
NWEC
Diego Rivas, NW Energy Coalition
[e-mail]
Benjamin I. Otto
)PROCEDURAL COMMENT October 14,2019
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